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STATE v. SHAMBLIN

No. 870406-CA.

763 P.2d 425 (1988)

STATE of Utah, Plaintiff and Respondent, v. Donald Carlton SHAMBLIN, Defendant and Appellant.

Court of Appeals of Utah.

October 24, 1988.

Attorney(s) appearing for the Case

G. Michael Westfall (argued), Gallian & Westfall, St. George, for defendant and appellant.

W. Brent Langston (argued), Deputy Washington Co. Atty., St. George, for plaintiff and respondent.

Before DAVIDSON, GARFF and ORME, JJ.

OPINION

ORME, Judge:

Defendant was convicted by a jury of driving under the influence of alcohol and possession of a controlled substance. On appeal, defendant claims contraband admitted into evidence at his trial was obtained in violation of the Fourth Amendment and he seeks reversal of his convictions. We affirm his conviction for driving under the influence of alcohol but reverse the conviction for possession of a controlled substance.

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